Sangamo Weston, Inc. v. National Surety Corp.

Toal, Justice:

The following questions have been certified to this Court pursuant to Rule 46:

1. What conflict of laws rule would South Carolina’s courts apply to ascertain which state’s law controls the validity and construction of insurance contracts at issue in this litigation; (a) the rule of lex loci contractus; or (b) the “location of the risk” methodology set forth in Section 193 of the Restatement (Second) of Conflict of Laws?

2. Does South Carolina Code § 38-61-10 apply to the insurance contracts at issue in this litigation, all of which were executed outside of South Carolina between…